Ex Parte SCHOFIELD - Page 7




                    Appeal No. 2001-2269                                                                                                                                  
                    Application No. 08/680,266                                                                                                                            


                    limitations appearing in the specification are not to be read                                                                                         
                    into the claims.  In re Etter, 756 F.2d 852, 858, 225 USPQ 1, 5                                                                                       
                    (Fed. Cir. 1985).  Our reviewing court also states in In re                                                                                           
                    Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989)                                                                                       
                    that "claims must be interpreted as broadly as their terms                                                                                            
                    reasonably allow."                                                                                                                                    
                              As our reviewing court states, "[T]he terms used in the                                                                                     
                    claims bear a 'heavy presumption' that they mean what they say                                                                                        
                    and have the ordinary meaning that would be attributed to those                                                                                       
                    words by persons skilled in the relevant art."  Tex. Digital                                                                                          
                    Sys., Inc. v. Telegenix, Inc., 308 F.3d 1193, 1201-02, 64 USPQ2d                                                                                      
                    1812, 1818 (Fed. Cir. 2002).  "Moreover, the intrinsic record                                                                                         
                    also must be examined in every case to determine whether the                                                                                          
                    presumption of ordinary and customary meaning is rebutted."                                                                                           
                    (citation omitted).  "Indeed, the intrinsic record may show that                                                                                      
                    the specification uses the words in a manner clearly inconsistent                                                                                     
                    with the ordinary meaning reflected, for example, in a dictionary                                                                                     
                    definition.  In such a case, the inconsistent dictionary                                                                                              
                    definition must be rejected."  Tex. Digital Sys., Inc. 308 F.3d                                                                                       
                    at 1204, 64 USPQ2d at 1819 (Fed. Cir. 2002).  ("[A] common                                                                                            
                    meaning, such as one expressed in a relevant dictionary, that                                                                                         


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